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| [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB3460
LRB9111394DJcd
1 AN ACT in relation to child support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Income Withholding for Support Act is
5 amended by changing Section 20 as follows:
6 (750 ILCS 28/20)
7 Sec. 20. Entry of order for support containing income
8 withholding provisions; income withholding notice.
9 (a) In addition to any content required under other
10 laws, every order for support entered on or after July 1,
11 1997, shall do all of the following:
12 (1) Require an income withholding notice to be
13 prepared and served immediately upon any payor of the
14 obligor by the obligee or public office, unless a written
15 agreement is reached between and signed by both parties
16 providing for an alternative arrangement, approved and
17 entered into the record by the court, which ensures
18 payment of support. In that case, the order for support
19 shall provide that an income withholding notice is to be
20 prepared and served only if the obligor becomes
21 delinquent in paying the order for support.; and
22 (2) Contain a dollar amount to be paid until
23 payment in full of any delinquency that accrues after
24 entry of the order for support. The amount for payment
25 of delinquency shall not be less than 20% of the total of
26 the current support amount and the amount to be paid
27 periodically for payment of any arrearage stated in the
28 order for support.; and
29 (3) Include the obligor's Social Security Number,
30 which the obligor shall disclose to the court. If the
31 obligor is not a United States citizen, the obligor shall
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1 disclose to the court, and the court shall include in the
2 order for support, the obligor's alien registration
3 number, passport number, and home country's social
4 security or national health number, if applicable.
5 (b) At the time the order for support is entered, the
6 Clerk of the Circuit Court shall provide a copy of the order
7 to the obligor and shall make copies available to the obligee
8 and public office.
9 (c) The income withholding notice shall:
10 (1) be in the standard format prescribed by the
11 federal Department of Health and Human Services; and
12 (1.1) state the date of entry of the order for
13 support upon which the income withholding notice is
14 based; and
15 (2) direct any payor to withhold the dollar amount
16 required for current support under the order for support;
17 and
18 (3) direct any payor to withhold the dollar amount
19 required to be paid periodically under the order for
20 support for payment of the amount of any arrearage stated
21 in the order for support; and
22 (4) direct any payor or labor union or trade union
23 to enroll a child as a beneficiary of a health insurance
24 plan and withhold or cause to be withheld, if applicable,
25 any required premiums; and
26 (5) state the amount of the payor income
27 withholding fee specified under this Section; and
28 (6) state that the amount actually withheld from
29 the obligor's income for support and other purposes,
30 including the payor withholding fee specified under this
31 Section, may not be in excess of the maximum amount
32 permitted under the federal Consumer Credit Protection
33 Act; and
34 (7) state the duties of the payor and the fines and
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1 penalties for failure to withhold and pay over income and
2 for discharging, disciplining, refusing to hire, or
3 otherwise penalizing the obligor because of the duty to
4 withhold and pay over income under this Section; and
5 (8) state the rights, remedies, and duties of the
6 obligor under this Section; and
7 (9) include the Social Security Numbers of the
8 obligor, the obligee, and the child or children included
9 in the order for support; and
10 (10) include the date that withholding for current
11 support terminates, which shall be the date of
12 termination of the current support obligation set forth
13 in the order for support; and
14 (11) contain the signature of the obligee or the
15 printed name and telephone number of the authorized
16 representative of the public office, except that the
17 failure to contain the signature of the obligee or the
18 printed name and telephone number of the authorized
19 representative of the public office shall not affect the
20 validity of the income withholding notice; and
21 (12) direct any payor to pay over amounts withheld
22 for payment of support to the State Disbursement Unit.
23 (d) The accrual of a delinquency as a condition for
24 service of an income withholding notice, under the exception
25 to immediate withholding in subsection (a) of this Section,
26 shall apply only to the initial service of an income
27 withholding notice on a payor of the obligor.
28 (e) Notwithstanding the exception to immediate
29 withholding contained in subsection (a) of this Section, if
30 the court finds at the time of any hearing that an arrearage
31 has accrued, the court shall order immediate service of an
32 income withholding notice upon the payor.
33 (f) If the order for support, under the exception to
34 immediate withholding contained in subsection (a) of this
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1 Section, provides that an income withholding notice is to be
2 prepared and served only if the obligor becomes delinquent in
3 paying the order for support, the obligor may execute a
4 written waiver of that condition and request immediate
5 service on the payor.
6 (g) The obligee or public office may serve the income
7 withholding notice on the payor or its superintendent,
8 manager, or other agent by ordinary mail or certified mail
9 return receipt requested, by facsimile transmission or other
10 electronic means, by personal delivery, or by any method
11 provided by law for service of a summons. At the time of
12 service on the payor and as notice that withholding has
13 commenced, the obligee or public office shall serve a copy of
14 the income withholding notice on the obligor by ordinary mail
15 addressed to his or her last known address. A copy of the
16 income withholding notice together with proofs of service on
17 the payor and the obligor shall be filed with the Clerk of
18 the Circuit Court.
19 (h) At any time after the initial service of an income
20 withholding notice, any other payor of the obligor may be
21 served with the same income withholding notice without
22 further notice to the obligor. A copy of the income
23 withholding notice together with a proof of service on the
24 other payor shall be filed with the Clerk of the Circuit
25 Court.
26 (i) New service of an income withholding notice is not
27 required in order to resume withholding of income in the case
28 of an obligor with respect to whom an income withholding
29 notice was previously served on the payor if withholding of
30 income was terminated because of an interruption in the
31 obligor's employment of less than 180 days.
32 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
33 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)